Presenter:
Ken Kurzawski

I.
Discussion: Texas
currently has reciprocal
fishing agreements with
Oklahoma, Louisiana, and
Kansas. Our residents that
are becoming 65 years of
age currently purchase a
special resident fishing
license for $6.00. Residents
who were born before September
1, 1930 are exempt from
the requirement of having
a fishing license. Current
regulations allow nonresidents
from Oklahoma 64 years of
age or older and nonresidents
from Kansas and Louisiana
65 years of age and older
to fish without a license
in Texas. The Executive
Director sent letters to
the three states involved
last October of our intention
to eliminate the current
exemption for their seniors.
The amendments proposed
to our fishing license exemption
and fee rules would provide
the same rules for nonresidents
fishing in Texas that we
require of our residents
if the nonresidents' state
of residence is willing
to enter into an agreement
to provide the same privilege
to our citizens.

The proposed rule change
would also clarify the practice
of selling a Special Resident
Fishing license to persons
otherwise exempt from purchasing
a fishing license and persons
who purchase a temporary
fishing license in order
for these individuals to
obtain a red drum tag.

The Finance Committee at
its April 1999 meeting authorized
staff to publish changes
to the reciprocal license
agreements in the Texas
Register for public comment.
The proposed proclamation
appeared in the July 16,
1999, issue of the Texas
Register (24 TexReg 5458).
A summary of public comments
on the proposed proclamation
will be available to the
Commission at the time of
the hearing.

II.
Recommendation: The
staff recommends the Texas
Parks and Wildlife Commission
adopt the following motion:

Proposed
Preamble

1. Introduction.

Texas Parks and Wildlife
Department proposes amendments
to §§53.1 and
53.3 concerning fishing
license fees and exemptions.
Texas currently has reciprocal
fishing agreements with
Oklahoma, Louisiana, and
Kansas. Texas residents
that are becoming 65 years
of age currently purchase
a special resident fishing
license for $6.00. Residents
who were born before September
1, 1930 are exempt from
the requirement of having
a fishing license. Current
regulations allow nonresidents
from Oklahoma 64 years of
age or older and nonresidents
from Kansas and Louisiana
65 years of age and older
to fish without a license
in Texas. The Executive
Director sent letters to
the three states involved
last October of our intention
to eliminate the current
exemption for their seniors.
The amendments proposed
to our fishing license exemption
and fee rules would provide
the same rules for nonresidents
fishing in Texas that we
require of our residents
if the nonresidents' state
of residence is willing
to enter into an agreement
to provide the same privilege
to our citizens.

The proposed rule change
would also clarify the practice
of selling a Special Resident
Fishing license to persons
otherwise exempt from purchasing
a fishing license and persons
who purchase a temporary
fishing license in order
for these individuals to
obtain a red drum tag.

2. Fiscal Note

For each of the first five
years that the rules as
proposed are in effect,
there will be no fiscal
implications to State or
local governments as a result
of enforcing or administering
the rules. The department
may gain some additional
revenue from non-residents
who now will be required
to purchase a license to
fish in Texas waters.

3. Cost Benefit Analysis.

(A) The public benefit
anticipated as a result
of enforcing the rules as
proposed will be that non-resident
seniors will be charged
the same amount or more
for the same fishing rights
as Texas residents. Currently
under the existing reciprocal
agreements with three states
non-resident seniors are
being allowed to fish free
while Texas residents of
the same age are having
to purchase a fishing license.

(B) There will be no effect
on small businesses. There
will be a small cost to
persons required to comply
with the rules as proposed.
There will be no additional
fiscal implications to state
or local governments.

(C) The department has
not filed a local impact
statement with the Texas
Workforce Commission as
required by Government Code, §2001.022,
as this agency has determined
that the rules as proposed
will not impact local economies.

(D) The department has
determined that there will
not be a taking of private
real property, as defined
by Government Code, Chapter
2007, as a result of the
proposed rules.

5. The amendments are proposed
under the authority of Parks
and Wildlife Code, Chapter
41, Reciprocal Hunting and
Fishing Privileges and Chapter
46, Subchapter A, § 46.002,
General Fishing Licenses
which provides the Commission
with authority to waive
or lower fishing license
fees. Parks and Wildlife
Code §46.002 is affected
by the proposed amendments.

(d) The following categories
of persons are exempt from
fishing license requirements
and fees for the license
years beginning September
1, (1999)
[1995], and thereafter:

(1) –(2) (no change.)

[(3) non-residents 65 years
of age or older from Kansas
and Louisiana; ]

(3) [(4)] non-residents
whose birthdate is before
September 1, 1930 and
whose state of residence
enters into a reciprocal
agreement with Texas [
non-residents 64 years
of age or older from Oklahoma];

(4) [(5)]
residents whose birth date
is before September 1, 1930;

(5) [(6)]
persons who hold valid Louisiana
non-resident fishing licenses
while fishing on all waters
inland that form a common
boundary between Texas and
Louisiana from a line across
Sabine Pass between Texas
Point and Louisiana Point
if the State of Louisiana
allows a reciprocal privilege
to persons who hold valid
Texas annual or temporary
non-resident fishing licenses;
and

(6) [(7)]
residents of Louisiana who
meet the licensing requirements
of their state while fishing
on all waters inland that
form a common boundary between
Texas and Louisiana from
a line across Sabine Pass
between Texas Point and
Louisiana Point if the State
of Louisiana allows a reciprocal
privilege to Texas residents
who hold valid Texas fishing
licenses.

(d) Fishing licenses. The
following license fee amounts
are effective for the license
year beginning September
1, 1999 [1996],
and thereafter:

(1)-(2) (No change).

(3) special resident fishing
(type 203)—$6.00.[;] Nonresidents
who are 65 years of age
or older and whose state
of residence enters into
a reciprocal agreement with
Texas are designated as
residents and may purchase
a special resident fishing
license;

(4)-(9) (No change).

(e) –(g) (No change.)

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be a valid
exercise of the agency's
authority.